C.C. No.143/2022

Sarat Kumar Rath,

S/o. Bansidhar Rath,

At- Lendura Bhagabanpur,

P.O.- Lendura,

P.S.- Salipur,

Dist.- Cuttack,

At present: At- Pitambarpur (Bhutmundai),

P.S.- Paradeep Lock, Paradeep,

Dist.- Jagatsinghpur.….…Complainant

1. Manager, HDB Financial Services Ltd.

At- Unit- 24, Ward No.28,

Station Road, College Square,

P.S.- Malgodown,

Dist.- Cuttack- 753003.

2. Manager, HDB Financial Services Ltd.,

Plot No.358-3478 & 357-3477,

Ground Floor, Jayadev Vihar,

Near Biju Pattanaik College,

Bhubaneswar- 751913.

3. Manager, HDB Financial Services Ltd.,
3.  

7-1-397/111-112, S.R. Nagar,

Hydrabad- 500038, Telengana.                     …..… Opposite parties                 

For Complainant………..Mr. C. Mishra & Associates

For Opposite Parties……….Mr. M.R. Khatua & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                            JUDGMENT

Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess his vehicle bearing Regd. No.OD-05-V-6855 and pay compensation of Rs.15,50,000/-.

            Complainant took loan of Rs.16.10.742/- on 31.12.2018 to repay in 68 monthly EMI commencing from 04.022.2019 to 04.10.2024. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement. Relationship between complainant and opposite parties is that of Debtor and Creditor and there is no deficiency in service on the part of opposite parties.  

            However taking a linnet view we dispose of the consumer complaint directing the opposite parties to supply the loan agreement copy and any other document as required by complainant available with opposite parties. The complainant shall pay his regular EMI and in addition to that pay Rs.30,000/- (thirty thousand) in each month towards pending EMI. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 11^th Sept.,2024.